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Criminal Miscellaneous Application No. 988 of 1979, heard on 13th January, 1980.
‑‑‑ S. 497 read with Penal Code (XLV of 1860), S. 34‑Bail, grant of‑Common intention, plea of‑Contention that petitioner allegedly having caught hold of deceased while injuries inflicted by other accused, prima facie application of S. 34, P. P. C. was indicated and bail should not have been allowed‑Contention, held, correct.
Barkat Bibi v. Gulzar 1979 S C M R 65 ref.
--‑‑S. 497 (5)‑Bail, cancellation of‑Petitioner a heart patient and being treated in Cardio Vascular Institute‑Cancellation of bail declined, in circumstance.
M. A. Kazi for Applicant.
Ch. Iftikhar Ahmed for Respondent No.1.
Rashid Akhtar for the State.
Date of hearing :13th January, 1980.
Applicant Sirajuddin seeks cancellation of bail granted to Raisuddin. The respondent Raisuddin was alleged to have caught and held the' deceased while the son of Raisuddin namely, Chandan had stabbed the deceased. The bail has been granted to Raisuddin on the ground that mere holding of the deceased by the accused required further enquiry into his crime. The other ground was, that he was an old man and was also a chronic heart patient.
Mr. Kazi has pointed out 1979 S C M R 65 where the Supreme Court observed that in a case where the accused was alleged to have caught hold of the deceased while injuries were inflicted by the other accused, prima facie the application of section 34, P. P. C. was indicated and bail should not be allowed. The counsel is, therefore, right that the bail should not have been allowed on this ground. But the difficulty is that the bail has also been allowed or, the ground of sickness which has been made a ground of granting bail under section 497, Cr. P. C. even in a case of murder. Mr. Kazi states that the sickness was not such that the remaining of the accused in jail was hazardous to his life. I do not agree with this submission. . The heart sickness requires patient's treatment and since accused Raisuddin was being treated to Cardio Vascular institute, it showed prima facie that he was sick. Moreover the heart ailment cannot be ordinarily treated and it requires special treatment in Cardio Vascular institute. I am, therefore, convinced that the bail was correctly granted on consideration of sickness of Raisuddin. I would, therefore, dismiss this application. Mr. Rashid Akhtar has not supported the application.
Petition dismissed.
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